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SB-447 Department of Transportation: transfer of property: City of Orange.(2019-2020)

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Date Published: 03/27/2019 09:00 PM
SB447:v98#DOCUMENT

Amended  IN  Senate  March 27, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill
No. 447


Introduced by Senator Moorlach

February 21, 2019


An act to add Section 118.8 to the Streets and Highways Code, relating to public parks. the Department of Transportation.


LEGISLATIVE COUNSEL'S DIGEST


SB 447, as amended, Moorlach. Public parks. Department of Transportation: transfer of property: City of Orange.
Existing law provides various sources of funding for public parks. vests the Department of Transportation with full possession and control of all state highways and all property and rights on property acquired for state highway purposes. Various provisions of existing law specifically provide for the acquisition, transfer, and use of property owned by the department.
This bill would state the intent of the Legislature to enact legislation to ensure the public has adequate park space. require the department, if requested by the City of Orange, to transfer two parcels, which are currently leased to the city for use as public parks, to the city, subject to certain requirements, including a requirement that the property be used solely for recreation and open-space purposes.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 118.8 is added to the Streets and Highways Code, to read:

118.8.
 (a) For purposes of this section, the following definitions apply:
(1) “Handy Park property” means the 5.691 acre parcel (State Parcel Number DL-000180-01-01) located immediately east of, and adjacent to, State Highway Route 55 in the City of Orange and known as Handy Park, which is owned by the department and has been leased by the department to the City of Orange pursuant to Section 104.15 for a term of 50 years.
(2) “Hart Park property” means the 9.145 acre parcel (State Parcel Number DL-016515-02-01) located immediately north of, and adjacent to, State Highway Route 22 in the City of Orange and known as Hart Park, which is owned by the department and has been leased by the department to the City of Orange pursuant to Section 104.15 for a term of 50 years.
(b) The department shall, if requested by the City of Orange, transfer the Handy Park property and the Hart Park property to the City of Orange, subject to the following requirements:
(1) The City of Orange shall assume the ownership of the property.
(2) The department shall include in each deed conveying the property to the City of Orange pursuant to this section a restriction limiting the use of the property solely for recreation and open-space purposes.
(3) The City of Orange shall not transfer or assign the property to any other entity.
(c) All deeds conveying property pursuant to this section shall be filed with the county recorder’s office in the County of Orange.
(d) The Legislature finds and declares that the transfer of real property pursuant to this section serves a public purpose.

SECTION 1.

(a)The Legislature finds and declares that public parks are essential to the quality of life in our communities.

(b)It is therefore the intent of the Legislature to enact legislation to ensure the public has adequate park space.